Article 1 — Definitions
Article 2 — Identity of the trader
Article 3 — Applicability
Article 4 — The offer
Article 5 — The contract
Article 6 — Right of withdrawal
Article 7 — Consumer obligations during the reflection period
Article 8 — Exercise of the right of withdrawal and its costs
Article 9 — Trader’s obligations in case of withdrawal
Article 10 — Exclusion of the right of withdrawal
Article 11 — Price
Article 12 — Compliance and extended warranty
Article 13 — Delivery and performance
Article 14 — Continuing performance contracts: duration, termination and renewal
Article 15 — Payment
Article 16 — Complaints procedure
Article 17 — Disputes
Article 18 — Additional or different provisions
Annex I — Model withdrawal form

Article 1 — Definitions

In these terms and conditions, the following definitions apply:

Ancillary contract: a contract under which the consumer acquires products, digital content and/or services in connection with a distance contract, and these goods, digital content and/or services are supplied by the trader or by a third party on the basis of an arrangement between that third party and the trader;
Reflection period: the period within which the consumer can exercise the right of withdrawal;
Consumer: the natural person who is not acting for purposes related to their trade, business, craft or profession;
Day: calendar day;
Digital content: data produced and supplied in digital form;
Continuing performance contract: a contract for the regular supply of goods, services and/or digital content over a given period;
Durable medium: any tool — including e-mail — that enables the consumer or trader to store information addressed to them personally in a way that allows future reference for a period appropriate to the purpose of the information, and that allows unaltered reproduction of the stored information;
Right of withdrawal: the consumer’s option to withdraw from the distance contract within the reflection period;
Trader: the natural or legal person offering products, (access to) digital content and/or services to consumers at a distance;
Distance contract: a contract concluded between the trader and the consumer within the framework of an organised system for the distance sale of products, digital content and/or services, in which, up to and including the moment the contract is concluded, exclusive or joint use is made of one or more techniques for distance communication;
Model withdrawal form: the European model withdrawal form included in Annex I to these terms and conditions; Annex I need not be provided if the consumer has no right of withdrawal in respect of their order;
Distance communication technique: a means that can be used to conclude a contract without the consumer and trader being in the same place at the same time.

Article 2 — Identity of the trader

Plus Power Group B.V., also trading as VacuumReviews.eu

Zuidergracht 21-20, 3763 LS Soest, The Netherlands

Phone: +31 (0)30 656 9601. Available on business days between 09:00 and 16:00 (CET).

Email: info@plus.parts

Chamber of Commerce (KvK) number: 30159999 | VAT identification number: NL808559953B01

If the trader’s activity is subject to a relevant licensing scheme: the details of the supervisory authority.

If the trader practises a regulated profession:

the professional association or organisation with which the trader is registered;
the professional title and the place within the EU or the European Economic Area where it was awarded;
a reference to the professional rules applicable in the Netherlands and information on where and how these rules can be accessed.

Article 3 — Applicability

These general terms and conditions apply to every offer made by the trader and to every distance contract concluded between the trader and the consumer.

Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, the trader will indicate, before the distance contract is concluded, how the terms and conditions can be reviewed at the trader’s premises, and that they will be sent free of charge as quickly as possible at the consumer’s request.

If the distance contract is concluded electronically, then, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, the trader will indicate, before the distance contract is concluded, where the terms and conditions can be viewed electronically, and that they will be sent electronically or otherwise free of charge at the consumer’s request.

Where specific product or service terms also apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and in the event of conflicting terms the consumer may always rely on the applicable provision that is most favourable to them.

Article 4 — The offer

If an offer has a limited period of validity or is made subject to conditions, this is expressly stated in the offer.

The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the trader uses images, these are a true representation of the products, services and/or digital content offered. Obvious mistakes or errors in the offer do not bind the trader.

Every offer contains information that makes clear to the consumer what rights and obligations are attached to acceptance of the offer.

Article 5 — The contract

Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and satisfies the corresponding conditions.

If the consumer has accepted the offer electronically, the trader will promptly confirm electronic receipt of the acceptance of the offer. Until the trader has confirmed receipt of this acceptance, the consumer may dissolve the contract.

If the contract is concluded electronically, the trader will take appropriate technical and organisational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the trader will take appropriate security measures.

Within legal limits, the trader may verify whether the consumer can meet their payment obligations, as well as any facts and factors relevant to a responsible conclusion of the distance contract. If, on the basis of this investigation, the trader has good grounds not to enter into the contract, it is entitled to refuse an order or request, giving reasons, or to attach special conditions to its performance.

At the latest upon delivery of the product, service or digital content, the trader will send the consumer the following information, in writing or in a way that allows the consumer to store it accessibly on a durable medium:

the visiting address of the trader’s premises where the consumer can lodge complaints;
the conditions under which, and the manner in which, the consumer may exercise the right of withdrawal, or a clear statement regarding exclusion of the right of withdrawal;
information about guarantees and existing after-sales service;
the price, including all taxes, of the product, service or digital content; the delivery costs where applicable; and the method of payment, delivery or performance of the distance contract;
the requirements for terminating the contract if it has a duration of more than one year or an indefinite duration;
if the consumer has a right of withdrawal, the model withdrawal form.

In the case of a continuing performance transaction, the provision in the previous paragraph applies only to the first delivery.

Article 6 — Right of withdrawal

For products

The consumer may dissolve a contract for the purchase of a product during a reflection period of at least 14 days without giving any reason. The trader may ask the consumer for the reason for withdrawal but may not require the consumer to state it.

The reflection period referred to above starts on the day after the consumer, or a third party designated in advance by the consumer who is not the carrier, has received the product, or:

if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by them, received the last product. The trader may, provided it has clearly informed the consumer of this before the ordering process, refuse an order for several products with different delivery times;
if delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by them, received the last shipment or part;
for contracts for the regular delivery of products over a given period: the day on which the consumer, or a third party designated by them, received the first product.

For services and digital content not supplied on a tangible medium

The consumer may dissolve a service contract and a contract for the supply of digital content not supplied on a tangible medium for at least 14 days without giving any reason. The trader may ask the consumer for the reason for withdrawal but may not require the consumer to state it.

The reflection period referred to above starts on the day following the conclusion of the contract.

Extended reflection period where the right of withdrawal was not disclosed

If the trader has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the reflection period expires twelve months after the end of the original reflection period determined in accordance with the previous paragraphs.

If the trader has provided the consumer with the information referred to in the previous paragraph within twelve months of the start date of the original reflection period, the reflection period expires 14 days after the day on which the consumer received that information.

Article 7 — Consumer obligations during the reflection period

During the reflection period, the consumer will handle the product and its packaging with care. The consumer will only unpack or use the product to the extent necessary to establish its nature, characteristics and functioning. The guiding principle is that the consumer may only handle and inspect the product as they would be allowed to do in a shop.

The consumer is liable only for any diminished value of the product resulting from handling of the product that goes beyond what is permitted under the previous paragraph.

The consumer is not liable for diminished value of the product if the trader has not provided all legally required information about the right of withdrawal before or at the conclusion of the contract.

Article 8 — Exercise of the right of withdrawal by the consumer, and its costs

If the consumer exercises their right of withdrawal, they must report this within the reflection period using the model withdrawal form or in another unambiguous way.

As soon as possible, but within 14 days from the day following the notification referred to above, the consumer will return the product or hand it to (an authorised representative of) the trader. This is not required if the trader has offered to collect the product itself. The consumer has in any case observed the return deadline if they return the product before the reflection period has expired.

The consumer returns the product with all accessories supplied, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the trader.

The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.

The consumer bears the direct costs of returning the product. If the trader has not stated that the consumer must bear these costs, or if the trader states that it will bear them itself, the consumer does not have to bear the return costs.

If the consumer withdraws after having expressly requested that the performance of the service, or the supply of gas, water or electricity not made ready for sale in a limited volume or quantity, begins during the reflection period, the consumer owes the trader an amount proportional to the part of the obligation performed by the trader at the time of withdrawal, compared to full performance of the obligation.

The consumer bears no costs for the performance of services or the supply of water, gas or electricity not made ready for sale in a limited volume or quantity, or for the supply of district heating, if:

the trader has not provided the consumer with the legally required information about the right of withdrawal, the compensation due on withdrawal, or the model withdrawal form; or
the consumer has not expressly requested that performance of the service, or supply of gas, water, electricity or district heating, begin during the reflection period.

The consumer bears no costs for the full or partial supply of digital content not supplied on a tangible medium if:

before its supply, the consumer did not expressly agree to the performance of the contract beginning before the end of the reflection period;
the consumer did not acknowledge that they would lose their right of withdrawal by giving their consent; or
the trader failed to confirm this statement by the consumer.

If the consumer exercises their right of withdrawal, all ancillary contracts are automatically dissolved by operation of law.

Article 9 — Trader’s obligations in case of withdrawal

If the trader enables the consumer to submit a notice of withdrawal electronically, it will promptly send an acknowledgement of receipt after receiving this notification.

The trader will refund all payments made by the consumer, including any delivery costs charged by the trader for the returned product, without delay and within 14 days following the day on which the consumer notifies the trader of the withdrawal. Unless the trader offers to collect the product itself, it may wait to refund until it has received the product back, or until the consumer demonstrates that they have returned the product, whichever comes first.

The trader uses the same payment method for the refund as the consumer used for the original transaction, unless the consumer agrees to a different method. The refund is free of charge for the consumer.

If the consumer chose a more expensive delivery method than the cheapest standard delivery, the trader does not have to refund the additional costs of the more expensive method.

Article 10 — Exclusion of the right of withdrawal

The trader may exclude the following products and services from the right of withdrawal, but only if the trader has clearly stated this in the offer, or at least in good time before the contract is concluded:

Products or services whose price is linked to fluctuations in the financial market over which the trader has no influence, and which may occur within the withdrawal period;
Contracts concluded during a public auction. A public auction means a sales method in which products, digital content and/or services are offered by the trader to the consumer, who is personally present or given the opportunity to be personally present at the auction, under the direction of an auctioneer, and where the successful bidder is obliged to purchase the products, digital content and/or services;
Service contracts, after full performance of the service, but only if: performance began with the consumer’s express prior consent; and the consumer has declared that they lose their right of withdrawal once the trader has fully performed the contract;
Package travel as referred to in Article 7:500 of the Dutch Civil Code, and contracts for the carriage of passengers;
Service contracts for the provision of accommodation, if the contract provides for a specific date or period of performance, other than for residential purposes, goods transport, car rental services and catering;
Contracts relating to leisure activities, if the contract provides for a specific date or period for performance thereof;
Products manufactured to consumer specifications that are not prefabricated and are made on the basis of an individual choice or decision by the consumer, or that are clearly intended for a specific person;
Products that spoil quickly or have a limited shelf life;
Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
Products that, after delivery, are by their nature inextricably mixed with other products;
Alcoholic beverages for which the price was agreed at the conclusion of the contract, but which can only be delivered after 30 days, and whose actual value depends on fluctuations in the market over which the trader has no influence;
Sealed audio and video recordings and computer software whose seal has been broken after delivery;
Newspapers, periodicals or magazines, with the exception of subscriptions to these;
The supply of digital content other than on a tangible medium, but only if: performance began with the consumer’s express prior consent; and the consumer has declared that they thereby lose their right of withdrawal.

Article 11 — Price

During the period of validity stated in the offer, the prices of the products and/or services offered are not increased, except for price changes resulting from changes in VAT rates.

Notwithstanding the previous paragraph, the trader may offer products or services with variable prices where those prices are subject to fluctuations in the financial market over which the trader has no control. Such dependency on fluctuations, and the fact that any stated prices are target prices, are stated with the offer.

Price increases within 3 months of the conclusion of the contract are only permitted if they result from statutory regulations or provisions.

Price increases from 3 months after the conclusion of the contract are only permitted if the trader has stipulated this and:

they result from statutory regulations or provisions; or
the consumer has the right to terminate the contract with effect from the day on which the price increase takes effect.

Prices stated in the offer of products or services include VAT.

Article 12 — Compliance and extended warranty

The trader guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations in force on the date the contract was concluded. If agreed, the trader also guarantees that the product is suitable for use other than normal use.

An extended warranty provided by the trader, its supplier, manufacturer or importer never limits the statutory rights and claims that the consumer may assert against the trader under the contract if the trader has failed to fulfil its part of the contract.

An extended warranty means any undertaking by the trader, its supplier, importer or manufacturer that grants the consumer certain rights or claims going beyond what it is legally obliged to do in the event that it has failed to fulfil its part of the contract.

Article 13 — Delivery and performance

The trader will exercise the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.

The place of delivery is the address that the consumer has made known to the trader.

Subject to what is stated about this in Article 4 of these general terms and conditions, the trader will execute accepted orders with due speed, but at the latest within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot be executed, or only partially, the consumer will receive notice of this no later than 30 days after having placed the order. In that case, the consumer has the right to dissolve the contract free of charge, and the right to any compensation.

After dissolution in accordance with the previous paragraph, the trader will refund the amount paid by the consumer without delay.

The risk of damage and/or loss of products rests with the trader until the moment of delivery to the consumer or a representative designated in advance and made known to the trader, unless expressly agreed otherwise.

Article 14 — Continuing performance contracts: duration, termination and renewal

Termination

The consumer may terminate at any time a contract that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services, subject to agreed termination rules and a notice period of no more than one month.

The consumer may terminate a contract that has been entered into for a fixed period and that extends to the regular delivery of products (including electricity) or services, at any time towards the end of the fixed period, subject to agreed termination rules and a notice period of no more than one month.

In respect of the contracts referred to in the previous paragraphs, the consumer may:

terminate at any time and not be restricted to termination at a specific time or in a specific period;
terminate at least in the same way as they were entered into;
always terminate with the same notice period as the trader has stipulated for itself.

Renewal

A contract entered into for a fixed period that extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a fixed period.

Notwithstanding the previous paragraph, a contract entered into for a fixed period that extends to the regular delivery of daily papers, news and weekly publications and magazines may be tacitly renewed for a fixed period of a maximum of three months, if the consumer may terminate this renewed contract towards the end of the renewal with a notice period of no more than one month.

A contract entered into for a fixed period that extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month. The notice period is no more than three months if the contract extends to the regular, but less than monthly, delivery of daily papers, news and weekly publications and magazines.

A contract of limited duration for the regular introductory delivery of daily papers, news and weekly publications and magazines (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.

Duration

If a contract has a duration of more than one year, the consumer may, after one year, terminate the contract at any time with a notice period of no more than one month, unless reasonableness and fairness preclude termination before the end of the agreed duration.

Article 15 — Payment

Unless otherwise provided in the contract or supplementary conditions, amounts owed by the consumer must be paid within 14 days of the start of the reflection period, or, in the absence of a reflection period, within 14 days of the conclusion of the contract. In the case of a contract to provide a service, this period starts on the day after the consumer has received confirmation of the contract.

When selling products to consumers, general terms and conditions may never require the consumer to make an advance payment of more than 50%. Where advance payment has been stipulated, the consumer cannot assert any right regarding the execution of the relevant order or service(s) before the stipulated advance payment has been made.

The consumer has a duty to report inaccuracies in payment details provided or stated to the trader without delay.

If the consumer does not fulfil their payment obligation(s) in time, the trader will notify them of the late payment and grant them a period of 14 days to still fulfil their payment obligations. If payment is not received within this 14-day period, the consumer becomes liable, over the amount still owed, for statutory interest, and the trader is entitled to charge the extrajudicial collection costs it has incurred. These collection costs amount to a maximum of: 15% of outstanding amounts up to €2,500; 10% of the next €2,500; and 5% of the next €5,000, with a minimum of €40. The trader may deviate from these amounts and percentages in the consumer’s favour.

Article 16 — Complaints procedure

The trader has a sufficiently well-publicised complaints procedure and handles complaints in accordance with this procedure.

Complaints about the performance of the contract must be submitted to the trader fully and clearly described within a reasonable time after the consumer has discovered the defects.

Complaints submitted to the trader will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the trader will reply within the 14-day period with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed answer.

The consumer must in any case give the trader 4 weeks to resolve the complaint by mutual consultation. After this period, a dispute arises that is subject to the dispute-resolution procedure.

Article 17 — Disputes

Dutch law exclusively applies to contracts between the trader and the consumer to which these general terms and conditions relate.

Article 18 — Additional or different provisions

Additional provisions or provisions deviating from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that the consumer can store them accessibly on a durable medium.

Annex I — Model withdrawal form

(Only complete and return this form if you wish to withdraw from the contract)

To:

VacuumReviews.eu (Plus Power Group B.V.)